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Author: Jaafar Aksikas
Publisher: Routledge
ISBN: 1317244796
Category : Social Science
Languages : en
Pages : 472
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Book Description
The relationship between culture and the law has become an emergent concern within contemporary Cultural Studies as a field, but the recent focus has been largely limited to the role played by cultural representations and identity politics in the legitimation of legal discourse and policies. While continuing this emphasis, this collection also looks at the law itself as a cultural production, tracing some of the specific contours of its function in the last three decades. It argues that, with the onset of neoliberal or late capitalism, the law has taken on a new specificity and power, leading to what we are calling the ‘juridical turn’, where the presumed legitimacy of the law makes other forms of hegemonic struggle secondary. The collection not only charts the law and cultural policy as they exert their powerful—if often overlooked—influence on every aspect of society and culture, but it also seeks to define this important field of study and demonstrate the substantial role law plays in the production of our social and cultural worlds. In this trailblazing collection of contributions by leading and emerging figures in the field of cultural legal studies, chapters examine various ways in which this process is manifested, such as U.S. legislation and Supreme Court Decisions on gay marriage, immigration, consumer finance, welfare, copyright, and so-called victim’s rights, along with international comparisons from Europe and Latin America. It promises to be a pathbreaking analysis of our juridically-determined conjuncture. This book was originally published as a special issue of Cultural Studies.
Author: Jaafar Aksikas
Publisher: Routledge
ISBN: 1317244796
Category : Social Science
Languages : en
Pages : 472
Get Book Here
Book Description
The relationship between culture and the law has become an emergent concern within contemporary Cultural Studies as a field, but the recent focus has been largely limited to the role played by cultural representations and identity politics in the legitimation of legal discourse and policies. While continuing this emphasis, this collection also looks at the law itself as a cultural production, tracing some of the specific contours of its function in the last three decades. It argues that, with the onset of neoliberal or late capitalism, the law has taken on a new specificity and power, leading to what we are calling the ‘juridical turn’, where the presumed legitimacy of the law makes other forms of hegemonic struggle secondary. The collection not only charts the law and cultural policy as they exert their powerful—if often overlooked—influence on every aspect of society and culture, but it also seeks to define this important field of study and demonstrate the substantial role law plays in the production of our social and cultural worlds. In this trailblazing collection of contributions by leading and emerging figures in the field of cultural legal studies, chapters examine various ways in which this process is manifested, such as U.S. legislation and Supreme Court Decisions on gay marriage, immigration, consumer finance, welfare, copyright, and so-called victim’s rights, along with international comparisons from Europe and Latin America. It promises to be a pathbreaking analysis of our juridically-determined conjuncture. This book was originally published as a special issue of Cultural Studies.
Author: Cassandra Sharp
Publisher: Routledge
ISBN: 1317626257
Category : Law
Languages : en
Pages : 458
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Book Description
What can law’s popular cultures do for law, as a constitutive and interrogative critical practice? This collection explores such a question through the lens of the ‘cultural legal studies’ movement, which proffers a new encounter with the ‘cultural turn’ in law and legal theory. Moving beyond the ‘law ands’ (literature, humanities, culture, film, visual and aesthetics) on which it is based, this book demonstrates how the techniques and practices of cultural legal studies can be used to metamorphose law and the legalities that underpin its popular imaginary. By drawing on three different modes of cultural legal studies – storytelling, technology and jurisprudence – the collection showcases the intersectional practices of cultural legal studies, and law in its popular cultural mode. The contributors to the collection deploy differentiated modes of cultural legal studies practice, adopting diverse philosophical, disciplinary, methodological and theoretical approaches and subjects of examination. The collection draws on this mix of diversity and homogeneity to thread together its overarching theme: that we must take seriously an interrogation of law as culture and in its cultural form. That is, it does not ask how a text ‘represents’ law; but rather how the representational nature of both law and culture intersect so that the ‘juridical’ become visible in various cultural manifestations. In short, it asks: how law’s popular cultures actively effect the metamorphosis of law.
Author: Austin D. Sarat
Publisher: Duke University Press
ISBN: 0822384752
Category : Law
Languages : en
Pages : 377
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Book Description
Cultural Analysis, Cultural Studies, and the Law is a field-defining collection of work at the intersection of law, cultural analysis and cultural studies. Over the past few decades the marked turn toward claims and policy arguments based on cultural identity—such as ethnicity, race, or religion—has pointed up the urgent need for legal studies to engage cultural critiques. Exploration of legal issues through cultural analyses provides a rich supplement to other approaches—including legal realism, law and economics, and law and society. As Austin Sarat and Jonathan Simon demonstrate, scholars of the law have begun to mine the humanities for new theoretical tools and kinds of knowledge. Crucial to this effort is cultural studies, with its central focus on the relationship between knowledge and power. Drawing on legal scholarship, literary criticism, psychoanalytic theory, and anthropology, the essays collected here exemplify the contributions cultural analysis and cultural studies make to interdisciplinary legal study. Some of these broad-ranging pieces describe particular approaches to the cultural study of the law, while others look at specific moments where the law and culture intersect. Contributors confront the deep connections between law, social science, and post-World War II American liberalism; examine the traffic between legal and late-nineteenth- and early-twentieth-century scientific discourses; and investigate, through a focus on recovered memory, the ways psychotherapy is absorbed into the law. The essayists also explore specific moments where the law is forced to comprehend the world beyond its boundaries, illuminating its dependence on a series of unacknowledged aesthetic, psychological, and cultural assumptions—as in Aldolph Eichmann’s 1957 trial, hiv-related cases, and the U.S. Supreme Court’s recent efforts to define the role of race in the construction of constitutionally adequate voting districts. Contributors. Paul Berman, Peter Brooks, Wai Chee Dimock, Anthony Farley, Shoshanna Felman, Carol Greenhouse, Paul Kahn, Naomi Mezey, Tobey Miller, Austin Sarat, Jonathan Simon, Alison Young
Author: Barbara Leckie
Publisher: University of Pennsylvania Press
ISBN: 0812234987
Category : History
Languages : en
Pages : 309
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Book Description
Barbara Leckie mines novels, newspapers, and court and parliamentary records to explore how adultery became visible in the public sphere in the second half of the nineteenth century and how the history of the Victorian novel is revised when the culture's concern with adultery and censorship is brought into focus.
Author: Austin D. Sarat
Publisher: Duke University Press
ISBN: 9780822331438
Category : Law
Languages : en
Pages : 380
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Book Description
DIVThis interdisciplinary collection demonstrates the purchase of cultural studies frameworks for thinking about legal questions beyond the reach of the Law & Economics framework./div
Author: Imre Szeman
Publisher: John Wiley & Sons
ISBN: 1118472306
Category : Literary Criticism
Languages : en
Pages : 608
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Book Description
This Companion addresses the contemporary transformation of critical and cultural theory, with special emphasis on the way debates in the field have changed in recent decades. Features original essays from an international team of cultural theorists which offer fresh and compelling perspectives and sketch out exciting new areas of theoretical inquiry Thoughtfully organized into two sections – lineages and problematics – that facilitate its use both by students new to the field and advanced scholars and researchers Explains key schools and movements clearly and succinctly, situating them in relation to broader developments in culture, society, and politics Tackles issues that have shaped and energized the field since the Second World War, with discussion of familiar and under-theorized topics related to living and laboring, being and knowing, and agency and belonging
Author: Janet Giltrow
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 1501504681
Category : Language Arts & Disciplines
Languages : en
Pages : 359
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Book Description
In legal interpretation, where does meaning come from? Law is made from language, yet law, unlike other language-related disciplines, has not so far experienced its "pragmatic turn" towards inference and the construction of meaning. This book investigates to what extent a pragmatically based view of l linguistic and legal interpretation can lead to new theoretical views for law and, in addition, to practical consequences in legal decision-making. With its traditional emphasis on the letter of the law and the immutable stability of a text as legal foundation, law has been slow to take the pragmatic perspective: namely, the language-user 's experience and activity in making meaning. More accustomed to literal than to pragmatic notions of meaning, that is, in the text rather than constructed by speakers and hearers the disciplines of law may be culturally resistant to the pragmatic turn. By bringing together the different but complementary perspectives of pragmaticians and lawyers, this book addresses the issue of to what extent legal meaning can be productively analysed as deriving from resources beyond the text, beyond the letter of the law. This collection re-visits the feasibility of the notion of literal meaning for legal interpretation and, at the same time, the feasibility of pragmatic meaning for law. Can explications of pragmatic meaning support court actions in the same way concepts of literal meaning have traditionally supported statutory interpretations and court judgements? What are the consequences of a user-based view of language for the law, in both its practices of interpretation and its definition of itself as a field? Readers will find in this collection means of approaching such questions, and promising routes for inquiry into the genre- and field-specific characteristics of inference in law. In many respects, the problem of literal vs. pragmatic meaning confined to the text vs. reaching beyond it will appear to parallel the dichotomy in law between textualism and intentionalism. There are indeed illuminating connections between the pair of linguistic terms and the more publicly controversial legal ones. But the parallel is not exact, and the linguistic dichotomy is in any case anterior to the legal one. Even as linguistic-pragmatic investigation may serve legal domains, the legal questions themselves point back to central conditions of all linguistic meaning.
Author: James A R Nafziger
Publisher: Edward Elgar Publishing
ISBN: 1781007349
Category : Political Science
Languages : en
Pages : 663
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Book Description
øThis Handbook offers a collection of original writings by leading scholars and practitioners in the exciting, rapidly developing field of cultural heritage law. The detailed essays are the product of a multi-year project of the Committee on Cultural H
Author: Jaafar Aksikas
Publisher: Springer Nature
ISBN: 3030253937
Category : Social Science
Languages : en
Pages : 351
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Book Description
This edited volume seeks to combine and highlight the theoretical and practical aspects of teaching by exploring and reflecting on the ways in which Cultural Studies is taught and practiced at both the undergraduate and graduate levels, in the US and internationally. Contributors create a space where connections among Cultural Studies practitioners across generations and locations are formed. Because the alliances built by Cultural Studies practitioners in the U.S. and the global north are deeply shaped by the global south/Third World perspectives, this book extends an invitation to teachers and practitioners in and outside of the US, including those who may offer a transnational perspective on teaching and practicing Cultural Studies. This volume promises to be a trailblazing collection of first-rate essays by leading and emerging figures in the field of Cultural Studies.
Author: Susan Hegeman
Publisher: Univ of California Press
ISBN: 0520951824
Category : Literary Criticism
Languages : en
Pages : 171
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Book Description
This insightful book tracks the concept of culture across a range of scholarly disciplines and much of the twentieth and early twenty-first centuries—years that saw the emergence of new fields and subfields (cultural studies, the new cultural history, literary new historicism, as well as ethnic and minority studies) and came to be called "the cultural turn." Since the 1990s, however, the idea of culture has fallen out of scholarly favor. Susan Hegeman engages with a diversity of disciplines, including anthropology, literary studies, sociology, philosophy, psychology, and political science, to historicize the rise and fall of the cultural turn and to propose ways that culture may still be a vital concept in the global present.
